ARTC Hunter Valley access undertaking

The ACCC first accepted an access undertaking from ARTC in relation to the Hunter Valley Rail Network in June 2011. On 29 June 2017, the ACCC consented to a variation to the 2011 Hunter Valley Access Undertaking incorporating revised commercial parameters and a new expiry date of 31 December 2021.

The access undertaking covers the terms and conditions of access for parties seeking to run trains on the below rail network operated by ARTC in the Hunter Valley region of New South Wales.

Current effective undertaking

In June 2017, ARTC submitted an application to vary the 2011 Hunter Valley Access Undertaking to the ACCC for assessment pursuant to Part IIIA of the Competition and Consumer Act 2010 (the Act). The ACCC’s decision to consent to the application followed an extensive assessment process of prior iterations of a proposed HVAU throughout 2015, 2016 and 2017, and two extensions to the 2011 HVAU, incorporating extensive public consultation with stakeholders.

Compliance assessments under the Hunter Valley access undertaking

The accepted access undertaking requires ARTC to submit documentation to the ACCC on an annual basis for the purposes of demonstrating its compliance with the financial model and pricing principles specified in the undertaking. The relevant undertakings for each annual compliance assessment are:

The accepted Hunter Valley Access Undertaking requires ARTC to submit documentation to the ACCC for the purposes of an annual compliance assessment. Section 4.10 and Schedule G of the undertaking requires the ACCC to determine whether ARTC has complied with the financial model and pricing principles specified in the undertaking and whether there has been any under or over recovery of revenue from users that needs to be reconciled.

The 2011 Hunter Valley Access Undertaking (2011 HVAU) requires ARTC to submit documentation to the ACCC for the purposes of an annual compliance assessment. Section 4.10 and Schedule G of the 2011 HVAU requires the ACCC to determine whether ARTC has complied with the financial model and pricing principles specified in the undertaking and whether there has been any under or over recovery of revenue from users that needs to be reconciled.

2011 Hunter Valley access undertaking and variations

In June 2011, ARTC submitted an access undertaking to the ACCC for assessment pursuant to Part IIIA of the Act. In light of the significant consultation on previous versions of the undertaking submitted to the ACCC in 2009 and 2010, the ACCC was able to expeditiously consider and release a final decision to accept the application on 29 June 2011.

ARTC has also submitted a number of variations to the accepted access undertaking for the ACCC’s consideration and has provided an update on the progress of various reviews related to the undertaking.

In January 2014, ARTC submitted a proposed variation to the accepted Hunter Valley access undertaking to the ACCC for assessment. The proposed variation relates to the determination of the efficient train configuration and associated indicative charges.

Previous access undertaking applications

ARTC submitted undertaking applications in 2009 and 2010, which it subsequently withdrew from the ACCC’s consideration before submitting the revised application in 2011 that was accepted by the ACCC (the Hunter Valley access undertaking 2011).

ARTC submitted new undertaking applications in 2015 and 2016 as proposed replacements for the Hunter Valley access undertaking 2011. These undertaking applications were subsequently withdrawn from the ACCC’s consideration before the June 2017 Variation to the 2011 Hunter Valley Access Undertaking was consented to by the ACCC.

In September 2010, ARTC submitted a proposed access undertaking to the ACCC for assessment. The proposed access undertaking was to cover the terms and conditions of access for parties seeking to run trains on ARTC's Hunter Valley Rail Network in New South Wales.

On 23 December 2015, ARTC submitted an access undertaking to the ACCC for assessment pursuant to Part IIIA of the Competition and Consumer Act 2010 (the Act). The access undertaking is in relation to the provision of access to the Hunter Valley Rail Network operated by ARTC in New South Wales.

The ACCC previously accepted an access undertaking on 29 June 2011 in relation to the Hunter Valley Rail Network. The ACCC has approved an extension of the term of the 2011 HVAU to 31 December 2016.

On 9 December 2016, ARTC submitted the 2017 Hunter Valley Access Undertaking (2017 HVAU) to the ACCC for assessment pursuant to Part IIIA of the Competition and Consumer Act 2010. This access undertaking is for the provision of access to the Hunter Valley Rail Network operated by ARTC in New South Wales.